Seller Advertising Terms

MUST SELL A BIKE GLOBAL (TRADING) Pte Ltd

WEBSITE ADVERTISING TERMS AND CONDITIONS

1. The Purpose of this Agreement

   Who this Agreement applies to:

   1. This Agreement is between the individual party identified and depicted in the internet application, who will be henceforth referred to as (YOU) and (YOUR), and Must Sell A Bike Global (Trading) Pte Ltd acting as the publisher of the advertisement submitted by YOU.
   2. The management of YOUR account with Must Sell A Bike Global (Trading) Pte Ltd; and
   3. The delivery of any supplementary services (Services) performed by Must Sell A Bike Global (Trading) Pte Ltd for YOU.
2. Placing Advertisements

   To place an advertisement (AD) for an item (ITEM) You must adhere to the following standards:

   1. You must be 18 years of age or older;
   2. A “membership” with Must Sell A Bike Global (Trading) Pte Ltd must be established;
   3. To advertise, you may be a private or non-commercial party defined by Must Sell A Bike Global (Trading) Pte Ltd;
   1. Must Sell A Bike Global (Trading) Pte Ltd will not deem you to be a private or non-commercial advertiser if:
   1. you are a licensed automobile dealership, and you are using the add to sell your ITEM from your dealership; or
   2. advertise an ITEM for sale as an agent on behalf of its owner;
   1. Must Sell A Bike Global (Trading) Pte Ltd may not deem you as a private or non-commercial advertiser if:
   1. You have, in any one category, an excess of 4 major ITEMS for sale within any 12 month period of time (for example: motor vehicles, boats or recreational vehicles);
   2. You must fill out the online application form (APPLICATION) and submit it;
   3. You must remit the pay the set advertising charge.

   Must Sell A Bike Global (Trading) Pte Ltd may alter its product and services offerings at any time without notice to You and does not guarantee or indicate or affirm to you that any product or offering available during a certain time period, will continue to be available at a later date.

3. What You Must Do

   You must:

   1. comply with all terms and conditions that have been set forth in this Agreement;
   2. furnish all information needed by Must Sell A Bike Global (Trading) Pte Ltd periodically for use in Your Add (such as photographs);
   3. explain the advertised ITEM precisely and thoroughly;
   4. adhere to all applicable advertising policies set forth by Must Sell A Bike Global (Trading) Pte. Ltd.
   5. obtain written consent by the owner of any materials you wish to include in your Add - such as images, written descriptions, etc. - that clearly grants you permission to use said materials in your ass, and grants Must Sell A Bike Global (Trading) Pte. Ltd. the licence contained in Clause 8 of this Agreement prior to submission of as to Must Sell A Bike Global (Trading) Pte Ltd for publication of the ass.
   6. fulfil any request from Must Sell A Bike Global (Trading) Pte. Ltd. to see evidence of ownership of an ITEM, or that an ITEM is in Australia, or that an ITEM has received clearance by customs, by providing Must Sell A Bike Global (Trading) Pte. Ltd. with documented proof.
   7. uphold the confidentiality of all information related to accessing your account including email and password, and if there is any compromise of your password due to instances including - but limited to - loss or theft, you are responsible for, and obligated to, change the password immediately. Further, you are accountable for all transactions entered into under your email and password; and
   8. must remove Your Add if the advertised ITEM within it is:
   1. sold; or
   2. retracted by You from sale.
4. What You Must Not Do
   1. You must, under this Agreement, not offer for sale any ITEM:
   1. that is not available immediately for sale – including ITEMS subject to syndication, or ITEMS that you intend to bring to auction or rent;
   2. that fails to be correctly placed in the category which accurately represents it, i.e., only automobiles may be advertised in bikes for sale.
   3. that You do not own the ITEM; or
   4. in all other cases, which You do not have the right to sell the ITEM.
   2. You must not submit any Add which:
   1. Presents a proposition to provide services, or referral to any services, for example finance;
   2. fails to comply with all applicable laws;
   3. encroaches the intellectual property rights of any person or party including any company or organization;
   4. is illegal, deceitful, lewd, offensive, derogatory, or in any way unfit for minors under the age of eighteen (18) years;
   5. is misleading, false, or likely to misinform or defraud (i.e., using photographs or descriptions in your Add that do not accurately represent the ITEM, or disingenuously list a price lower than what you intend to sell it for in order to increase the amount of responses by potential buyers, or for other reasons);
   6. contain anything that may be harmful to Must Sell A Bike Global (Trading) Pte. Ltd. or any website on which your add appears; or
   1. Details that cannot be included:
   1. Comprise of references or links to other websites or HTML enhancement text;
   2. makes an offer exceeding one main ITEM in a single Add; or
   3. displays any of Your personal contact information (i.e., landline phone number, cell phone number and/or email address) in any comments section of your add.
   2. You must not change or amend the ITEM or offer of ITEM to be different than how the ITEM or offer of ITEM was originally advertised in the publication of the add.
5. Photographic requirements for ADDS

   All photos submitted publication within adds must:

   1. be a current, accurate representation of the actual ITEM being advertised, and in the same anticipated condition that the buyer will receive it;
   2. clearly visible to plainly display at least one image of the ITEM’s registration, if the ITEM is registered (such as a registered automobile);
   3. never contain any images of people;
   4. not be enhanced, or otherwise digitally edited;
   5. not have any watermarks on it; and
   6. be 640 x 480 pixels in dimension, and in jpeg format.
6. Publication of ADD/S
   1. Must Sell A Bike Global (Trading) Pte. Ltd. is not obliged to publish your add until Must Sell A Bike Global (Trading) Pte. Ltd. accepts it. Your Add is accepted when it is published by Must Sell A Bike Global (Trading) Pte. Ltd.
   2. If these terms are breached by your add or Must Sell A Bike Global (Trading) Pte. Ltd. deems inappropriate any content in your Add, Must Sell A Bike Global (Trading) Pte. Ltd. may remove any objectionable or unauthorized content from Your AD before publication, or refuse to publish your add entirely.
   3. If your Add is accepted by Must Sell A Bike Global (Trading) Pte. Ltd. your Add will be published by Must Sell A Bike Global (Trading) Pte. Ltd. in compliance with the Application, on the terms and conditions of this Agreement and with any amendments required by or authorized by these Terms and Conditions.
   4. There will be no relationship of agency created between you and Must Sell A Bike Global (Trading) Pte. Ltd. as a result of Must Sell A Bike Global (Trading) Pte. Ltd. acceptance of your Add.
   5. You understand and agree to the fact that Must Sell A Bike Global (Trading) Pte. Ltd. acceptance of your Add does not signify or provide any guarantee, representation, or warranty that your ITEM will be sold through Must Sell A Bike Global (Trading) Pte. Ltd. or any of its Services.
   6. Must Sell A Bike Global (Trading) Pte. Ltd. has absolute discretion to republish your Add on other websites, search engines, applications and print or other media as Must Sell A Bike Global (Trading) Pte. Ltd. determines periodically.
   7. Every endeavor will be made to publish your add as submitted, however, you acknowledge and agree that Must Sell A Bike Global (Trading) Pte. Ltd. will not be liable for any mistake, omission or failure to publish your Add in the form ordered, including acts or omissions of Must Sell A Bike Global (Trading) Pte. Ltd. its agents or employees.
   8. Must Sell A Bike Global (Trading) Pte. Ltd. has the right to refuse publications of, or may withdraw or may terminate the publication of your Add or any part of your Add if:
   1. In its absolute opinion without notice, Must Sell A Bike Global (Trading) Pte. Ltd. determines that you do not fulfil the requirements and are not entitled to place the add (i.e., You are not a private or non-commercial advertiser, or are not the owner of the Item); or are not an authorized commercial advertiser, or:
   2. You breach this Agreement; or
   3. You fail to log on to the administration pages of your Add for more than 21 days; ors
   4. In its absolute opinion without notice, Must Sell A Bike Global (Trading) Pte. Ltd. determines that such refusal, withdrawal or termination of your Add is appropriate.
   9. Must Sell A Bike Global (Trading) Pte. Ltd. has absolute editorial control regarding the publication of your Add, including, but not limited to the format, position and placement of your Add, despite anything in this Agreement.
   10. Must Sell A Bike Global (Trading) Pte. Ltd. may in its absolute discretion add to, edit or delete information within your add including without limitation the Vehicle Identification Number (VIN) and/or registration number and or any other identification by country.
   11. Must Sell A Bike Global (Trading) Pte. Ltd. will not be responsible for third party terms and conditions, any services provided by the third party or resolving any dispute between you and any third party and third party offers to republish your Add in print or other media are subject to separate terms and conditions.
7. Cancellation and Withdrawal of ADDS
   1. Your Application to Must Sell A Bike Global (Trading) Pte. Ltd. cannot be cancelled once it has been submitted.
   2. Must Sell A Bike Global (Trading) Pte. Ltd. may remove your Add/s at any time after publication. All advertising charges remain payable and if paid, you will not be entitled to a refund.
   3. If you have purchased an Add and reduced the price listed of your ITEM to the point that it falls under the free Add listing price threshold, and you choose to transform your listing to a free add, you will not be entitled to receive a refund of the advertising charge.
8. Intellectual Property Rights

   You hereby grant to Must Sell A Bike Global (Trading) Pte. Ltd. in respect of all copyright materials included in your Add or materials otherwise submitted by You to Must Sell A Bike Global (Trading) Pte. Ltd. a perpetual, royalty free and irrevocable licence to use, reproduce, adapt, commercialise or otherwise utilize in any manner those materials.

   Regarding all copyright materials contained in your add or materials otherwise submitted by you to Must Sell A Bike Global (Trading) Pte. Ltd. you hereby grant to Must Sell A Bike Global (Trading) Pte. Ltd. an unending, royalty-free and binding license to use, replicate reproduce, adjust, commercialize or otherwise utilize - in any way - these materials.

9. Payment
   1. You must pay unless waivered by Must Sell A Bike (Trading) Pte. Ltd. Must Sell A Bike Global (Trading) Pte. Ltd. the advertising charge at the rate, and in accordance with, the Application.
   2. The advertising charge is payable regardless of termination of this Agreement or failure to publish an Add which is caused by you.
   3. If you are in breach of this Agreement, and Must Sell A Bike Global (Trading) Pte. Ltd. retracts or terminates the publication of your Add, you will not be entitled to a refund or credit.

   Your guarantees to Must Sell A Bike Global (Trading) Pte. Ltd.

   1. You own all of the ITEMS appearing in your Add/s and you have the authority to sell those Items;
   2. You are authorized to publish the add and all materials therein, including text and images;
   3. You have the right to grant to Must Sell A Bike Global (Trading) Pte. Ltd. the licence referred to in these Terms and Conditions;
   4. All contact information and other details are accurate that you have provided to Must Sell A Bike Global (Trading) Pte. Ltd.
   5. Your use of the Must Sell A Bike Global (Trading) Pte. Ltd. website will adhere with all terms and conditions within this Agreement and any other requirements or directions set forth by Must Sell A Bike Global (Trading) Pte. Ltd. From time to time..
13. You Indemnify Must Sell A Bike Global (Trading) Pte. Ltd.

    You agree to indemnify Must Sell A Bike Global (Trading) Pte. Ltd. against all actual or threatened harm, loss, actions, forfeiture, claims and/or demands (including any costs defending or settling any actions, claims and demands) which may be brought up against Must Sell A Bike Global (Trading) Pte. Ltd. due to:

    1. Your breach of this Agreement (including a breach of any representation or warranty contained in this Agreement);
    2. any purposeful, illegal or negligent act or omission by you;
    3. the publication by Must Sell A Bike Global (Trading) Pte. Ltd. or any other person of your Add;
    4. the sale or offering for sale of any ITEM.
14. Must Sell A Bike Global (Trading) Pte. Ltd. Liability to you is Limited
    1. Other than what is defined in clause 14 of this Agreement, and to the full lawful extent permitted, all guarantees and implied and express warranties in respect of any goods or services provided by Must Sell A Bike Global (Trading) Pte. Ltd. are HEREBY EXCLUDED.
    2. To the full extent permitted by law, Must Sell A Bike Global (Trading) Pte. Ltd. will only be liable to you:
    1. In accordance to any guarantee, right or contractual term that arises, is created or
    1. Pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of Must Sell A Bike Global (Trading) Pte. Ltd. is limited, at Must Sell A Bike Global (Trading) Pte. Ltd. option, to (A) replacing or repairing the relevant goods, (B) supplying goods equivalent to the relevant goods, (C) supplying the relevant services again or (D) paying the cost of such replacement, repairs or supply; or
    2. Subject always to clause 14(c)(ii) if your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by Must Sell A Bike Global (Trading) Pte. Ltd.
    3. To the full extent permitted by law, Must Sell A Bike Global (Trading) Pte. Ltd. will not be liable to you:
    1. for claims arising out of or in connection with this Agreement or the publication of your add whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute; and
    2. for loss of use, production, profit, revenue, business, data, contract or anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.

    For the purposes of clauses 13 and 14, the term Must Sell A Bike Global (Trading) Pte. Ltd. will mean Must Sell A Bike Global (Trading) Pte. Ltd. its officers, employees, contractors and agents, whether individually or collectively, together with any related Corporation.

    This clause will survive the expiration or termination of this Agreement.

15. Privacy
    1. To learn about how Must Sell A Bike Global (Trading) Pte. Ltd. will collect, use and disclose your personal information, click here.
    2. Being part of the Must Sell A Bike Global (Trading) Pte. Ltd. Bike Community Network website – as an advertiser – you may receive correspondence (electronic and other) about your account. This correspondence may include the Add status or any other services provided to you, including confirmation of the receipt and publication of your Add, confirmation of changes You may have made, and alerts of possible changes to your add status. You will also be advised of any changes to Must Sell A Bike Global (Trading) Pte. Ltd. or affiliated websites when these changes have the potential to directly affect the look or content of your Add, or any other service. To properly manage your account, this correspondence becomes a necessary part of this service. Since this correspondence is essential from time to time, please do not submit an advertisement to be published on Must Sell A Bike Global (Trading) Pte. Ltd. website if you object to receiving it.
    3. Must Sell A Bike Global (Trading) Pte. Ltd. is not liable for any communication between any third party and you, including, but not limited to, contact made through the Must Sell A Bike Global (Trading) Pte. Ltd. Bike Community Network website (i.e., through the vehicle inquiry form). You acknowledge that your contact details such as telephone number, etc., may be made available to the public when you place an Add on the Must Sell A Bike Global (Trading) Pte. Ltd. Bike Community Network website, and you grant permission to Must Sell A Bike Global (Trading) Pte. Ltd. to make these details available on your behalf.
16. What Law Governs this Agreement

    This Agreement is in accordance with the laws of Singapore and is governed by these laws and as such, you irreversibly submit to the jurisdiction of the Republic of Singapore, or the Jurisdiction in which you registered you Add.

17. Entire Agreement

    The Application, Must Sell A Bike Global (Trading) Pte. Ltd. Terms and Conditions of Use, and these Advertising Terms and Conditions and any guarantees or warranties implied by law which cannot be excluded constitute the entire agreement between you and Must Sell A Bike Global (Trading) Pte. Ltd. in relation to its subject matter. Any other term – whether express or implied are HEREBY EXCLUDED to the fullest extent, as permitted by law. This Agreement will stand to the extent of any discrepancy with the Terms and Conditions of Use.

18. General
    1. In its absolute discretion, Must Sell A Bike Global (Trading) Pte. Ltd. may change or amend this Agreement and such changes or amendments will be binding upon You once it has been presented on this website. As such, you should regularly review these terms and conditions presented on this website.
    2. All rights not expressly granted are reserved.
    3. If any provision of this Agreement is invalid, unlawful or unenforceable in any respect such invalid, unlawful or unenforceable provision is to be taken away from this Agreement and the remaining terms will apply.
    4. d. Any delay or failure by Must Sell A Bike Global (Trading) Pte. Ltd. to enforce any provision of this Agreement will not be deemed a waiver or create a precedent or prejudice Must Sell A Bike Global (Trading) Pte. Ltd. rights in any way. Any waiver by Must Sell A Bike Global (Trading) Pte. Ltd. must be in writing and signed by Must Sell A Bike Global (Trading) Pte. Ltd. in order for it to be considered effective.